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On January 23, 2019, the European Data Protection Board (EDPB) issued an opinion (Opinion) on the interplay between the Clinical Trial Regulation (CTR) and the General Data Protection Regulation (GDPR), an issue which has been the subject of intense debate and that resulted in a draft, and still non-public, FAQ prepared by the EU Commission. The Opinion comments on the draft FAQ and provides some insight on data protection regulators’ view on how…
On September 23, 2018, Governor Jerry Brown signed into law SB-1121, a bill that makes several amendments to the California Consumer Privacy Act (CCPA or the Act). The controversial privacy law, which is set to take effect in 2020, recently sparked a war of words among industry, privacy advocates, and the California Attorney General, each of whom sent letters to the California legislature urging amendments to the legislation. The California Chamber of Commerce, along with…
Recently, Vermont became the first state to enact legislation that regulates data brokers who buy and sell personal information. Under the new law, data brokers in Vermont will now have to register with the state, adopt standard security measures, and provide information to the state regarding their data collection practices. The law was passed in response to reported risks associated with the widespread aggregation and sale of data about consumers, and is intended to provide…
California Signs the First IoT Security Bill into Law, and the FTC Submits Comments to the Consumer Product Safety Commission Regarding the IoT California’s New IoT Law On September 28, 2018, California Governor Jerry Brown signed into law a cybersecurity bill governing Internet of Things (IoT) devices, the first law of its kind in the nation. SB 327 requires manufacturers of internet-connected, or “smart” devices, to ensure the devices have “reasonable” security features by January…
In July 2018, the French data protection authority (the CNIL) issued two public formal notices against two marketing platform providers— Teemo1 and Fidzup2—for failing to obtain valid consent under the General Data Protection Regulaton (GDPR) for the use of location data for profiling and targeted advertising.3 The CNIL gave the two French companies three months to change their practices to comply with EU data protection law. On October 3, 2018, the…
On September 1, 2018, a new Colorado law took effect that, among other things, amends the state’s data breach law to: (1) expand the scope of the categories of “personal information” that trigger notification requirements; (2) require notification to residents and the state attorney general no more than 30 days after determining that a security breach has occurred; and (3) specify what must be included in these notifications.1 In addition, the statute requires entities…
The U.S. Supreme Court has handed down a major decision, Carpenter v. United States,1 concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters the status quo concerning government requests for data about individuals that is collected and held by third parties. Under Carpenter, personal location information maintained by a third party that the government could previously obtain with a subpoena or similar order will now require a…
On April 30,2018, the Federal Trade Commission (FTC) announced a settlement with mobile phone manufacturer BLU Products and its owner over allegations that the company failed to implement appropriate procedures to oversee their service providers’ security practices, which allowed the service provider to install software containing commonly known security vulnerabilities on consumers’ mobile devices and to collect detailed personal information about consumers, such as text messages and location information, without consumers’ notice and consent. According…
The U.S. District Court for the Northern District of California recently ruled that a certified class action on behalf of Illinois Facebook users alleging that the social network unlawfully collects biometric data from photo tagging will go forward, denying both parties’ summary judgment motions. This case is one of the first major tests of the scope of Illinois’s Biometric Information Privacy Act (BIPA).1 The litigation was originally filed in 2015, in response to Facebook’s…
In the latest episode of the WashingTECH Tech Policy Podcast, one of the leading national podcasts focused on tech law and policy debates driving the technology and communications sectors, Lydia Parnes, chair of the privacy and cybersecurity practice at Wilson Sonsini Goodrich & Rosati, discusses the state of privacy law after the Eleventh Circuit’s recent decision to vacate the Federal Trade Commission’s order directing LabMD to create and implement a variety of privacy protections. Click